5 Myths About Private Investigators- What They Cannot Legally Do

A vast majority of private investigators are hired to investigate a spouse or partner. Whether you are currently involved in a court case or considering taking legal action, hiring a private investigator can be the difference between success and failure. Private investigators are experts at gathering documents, witnesses, photos and other evidence that will hold up in court. There are however, a great many misconceptions about what a private investigator can and cannot legally do. These “myths” may mean the difference between proving a case and breaking the law.

Private Investigator Cheating Spouse – 5 Myths

1.Record Conversations Without Consent-
Most states have a one-party consent law, meaning at least one participant in a recorded conversation must give consent for the recording to be legal- hence admissible in court. Some states require both parties to consent.

2.Wiretap Without Consent-
Federal law prohibits wiretapping, or monitoring phone conversations without the consent of at least one of the parties being monitored. In most cases, for a wiretap to be legal, a court-issued warrant is required.

3.Trespass-
A private investigator cannot enter a house, property or building through illegal means. This includes breaking and entering. In many jurisdictions, permission from the owner is required before a private investigator may enter a property.

4.License Plate Check-
A private investigator cannot arbitrarily run licenses plate checks. There must be a legal reason to conduct a check- for investigative purpose or for use in future court proceedings.

5.Obtain Protected Information Without Legal Purpose or Consent-
A private investigator cannot legally obtain bank accounts, phone records, credit reports, criminal records or any other state or federally protected private information without consent or a court subpoena.

Private Investigator Cheating Partner – Additional Myths

1.Impersonate Law Enforcement-
Most countries prohibit private investigators from carrying a badge or wearing a uniform or logo with phrasing that might imply the investigator is an officer of the law. It is against the law in the United States to impersonate law enforcement.

2.Tamper With Mail-
It is a federal offense to tamper with, open or destroy another individual’s mail.

3.Access to Information That Is Not Public-
Private investigators do not have access to CIA, FBI or police records. They do not have access to confidential or classified information. Private investigators can locate this information with provides leverage for warrants and subpoenas.

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